Rehnquist missed 44 oral arguments and was out frequently til his death.

After missing 44 oral arguments before the Court in late 2004 and early 2005, Rehnquist appeared on the bench again on March 21, 2005. During his absence, however, he remained involved in the business of the Court, participating in many of the decisions and deliberations.

On July 1, 2005, Rehnquist's colleague Sandra Day O'Connor announced her impending retirement from her position of associate justice, after consulting with Rehnquist and learning that he intended to remain on the Court. Commenting on the frenzy of speculation over his retirement, Rehnquist responded to a reporter who asked if he would be retiring, "That's for me to know and you to find out."

Rehnquist died at his Arlington, Virginia, home on September 3, 2005, just four weeks before his 81st birthday. Rehnquist was the first member of the Supreme Court to die in office since Justice Robert H. Jackson in 1954 and the first chief justice to die in office since Fred M. Vinson in 1953.